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Should I include Previous SSN/EAD which had Wrong Birth Date?

Charlotte, NC |


My sis is filing for deferred action. She was 12 when she arrived in USA on Visitor Visa. I do have all her documents passport, visa stamp, i-94 copy, school transcripts, diploma, medical documents. Basically everything in order.

Question I have is, 6 year back bumped in to a guy who offered to help her getting her paper work done, and he told he works in consultation with lawyer, and had gotten her signature on few paper, which she didn't even understand or had all of it shown to her. Later when went for biometrics, we learned that he had shown her arriving in 82, and filed her application using false documents under LULAC.

She did get her work permit for 1 year, from which she got SSN and which she used to work, and pay taxes. Later she couldn't renew it, as she had no idea how it was to be done, nor the person who did all that gave any document copies and he had long disappeared after taking money.

Now, filing for deferred action, Should we mention this? She has been paying taxes on her SSN, and has all documents of tax returns and statements etc. But birth date is wrong.

In I-765, it asks if we have previously applied for it.

What should she do? Without previous record, she has all documents and is good to go. But if we mention previous attempt , which is obviously wrong, it may become hard.

Please suggest. Thank you.

he had changed her birth date to 6 years before she was actually born, to show she arrived in 82.

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Attorney answers 3


She will have to be honest and transparent. This is not the time to make mistakes. Consult with an experienced immigration attorney.

Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


She better be honest and answer truthfully. The consequences will be much too severe if she won't.


Please take your sister to an immigration lawyer and discuss all of the issues presented. There is much much more to this matter than filing for deferred action.